ABANI MOHAN DAS Vs. STATE OF TRIPURA

JUDGEMENT

(1.) The petitioner, set the law in motion presenting an application under Section 439 of Cr PC, praying for bail of accused-persons, namely, (1) Sri Ranju Das, (2) Sri Ranjit Das, (3) Sri Satish Paul, (4) Sri Santu Paul (5) Sri Nikhil Das, and (6) Sri Bijoy Das, in connection with Kailashahar P.S. Case No. 98 of 2011, registered under Sections 341 /325/302 read with Section 34 of IPC, pending in the Court of learned Chief Judicial Magistrate, Kailashahar. Heard learned counsel, Mr. A. Pal for the petitioners and learned Public Prosecutor, Mr. D. Sarkar, learned Addl. Public Prosecutor, Mr. P. Bhattacharjee as well as learned Special Public Prosecutor, Mr. R.C Denath for the respondent-State.

(2.) Briefly stated, prosecution case is that one Nakul Malakar lodged an FIR, in writing, addressing the Officer In-Charge, Kailashahar PS. on 29.06.2011, alleging that on 28.06.2011 at about 7/7.30 PM, his nephew Chandan Malakar was returning home from Teliachhera bazar and when he reached near ferryghat on Manu river, on the way, one Ranjit Das and Ranju Das, of their village wrongfully restrained him and assaulted him and also demanded money for purchasing liquor. Chandan informed the matter to him over mobile phone and on gelling the information he along with his younger brothers, Khoka, Nikhil, Charitra rushed to the place and asked about the occurrence to Ranjit and Ranju, to which they told that they were making fun with Chandan and further told not to mind and assured that such thing will not re-occur. Thereafter, on good faith, they started towards their house and Ranjit and Ranju also started for their house. When they rached behind Telia School near the house of one Mori Paul at about 8/8.30 PM, they saw a gathering of a large number of people. Flashing charger light, which was in their hand, they found the accused persons, namely, (1) Sri Ranju Das, (2) Ranjit Das, (3) Satish Pal, (4) Sanjay Pal, (5) Subhash Pal, (6) Moti Pal, (7) Jagadish Pal, (8) Jhantu Pal, (9) Pintu Pal, (10) Shantu Pal, (11) Nikhil Das, (12) Gopesh Das, (13) Bijoy Das, who were armed with weapons of offence, and at that time, Ranjit Das yelled saying assault 'the sons of dogs'. All the accused persons then assaulted them with lathi, rod and wooden file(sized wood), and as a result, they sustained injuries. Khoka Malakar was grievously injured and was lying in a pool of blood. They raised cry and the villagers came out and on seeing the villagers and thinking that Khoka Malakar might have died, the accused persons left. At that time he could not find out his nephew, Chandan. At about 11.00 PM, they took him to RGM Hospital in an unconscious condition and the doctor admitted him. In the early hours of the morning, seeing the critical condition, doctor referred Khoka Malakar to AGMC hospital but they took him to Silchar Medical College, as it was easier to them. On 29.06.2011, at about 11/11.30 AM, when they reached Silchar Medical College, doctor examined him and declared him dead. They returned to Kailashahar with the dead body with the same ambulance and thereafter lodged the FIR. Since they remained busy with the treatment of the injured, there was delay in lodging the FIR. The Officer In- Charge, Kailashahar P.S., accordingly, registered the case and Sri Badal Dutta, Sub-Inspector of Police was entrusted with the charge of investigation.

(3.) Case Diary is produced by the learned PP. and I have perused it.